(Read Before Opening at Court’s Discretion)
This case involves a dispute relating to copyrights. To help you understand the evidence in this case, I will explain some of the legal concepts and terms you may hear during the trial.
Copyright law reflects a balance between society’s interest in encouraging the creation of original works by rewarding authors on the one hand, and society’s competing interest in the free flow of ideas and information on the other hand. The goal of copyright law attempts to strike a balance between protecting an author’s particular expression, while also protecting the right of others to use the same concepts, ideas or facts.
Copyright protects original works of authorship that are expressed in a form that can be perceived, reproduced, or communicated.
Works of authorship can include literary works, musical works, dramatic works, pantomimes, choreographic works, pictorial works, graphic works, sculptural works, motion pictures, audiovisual works, sound recordings, or architectural works.
Copyright protection, however, does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in the work.
To qualify for copyright protection, a work must be original to the author. Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity. A work may be original even though it closely resembles other works so long as the similarity is not the result of copying. To illustrate, assume that two poets, each unaware of the other, compose id.ntical poems. Both poems may be considered original.
The owner of a copyright has the exclusive right to reproduce, or copy, distribute copies of, and prepare derivative works based on the copyrighted work for a specific period of time. [The owner of a copyright also has the exclusive right to perform and display the copyrighted work.]
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Judicial Council of the United States Eleventh Judicial Circuit
USCA11
USCA11


